CHAPTER 2. Administration [301. - 456.]

Chapter 2 enacted by Stats. 1953, Ch. 308.

§§ 301–456 · 63 sections

1. ARTICLE 1. Employment Development Department §§ 301–340 · 40 sections

   • § 301 There is in the Labor and Workforce Development Agency the Employment Development Department, which is vested with the duties, purposes, responsibilities, and…
   • § 301.6 The Employment Development Department shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, appropriations, land,…
   • § 301.7 All officers and employees of the State Department of Benefit Payments who, on the operative date of the statute amending this section at the 1977 portion of…
   • § 302 The Director of Employment Development shall be appointed by the Governor, subject to the approval of the Senate, and shall serve as director at the pleasure…
   • § 303 There shall be five deputy directors in the Employment Development Department who shall be appointed by the Governor subject to the approval of the Senate and…
   • § 304 Whenever a reference to this division is made in this article it shall also include all other divisions of this code.
   • § 305 Regulations for the administration of the functions of the Employment Development Department under this code shall be adopted, amended, or repealed by the…
   • § 305.5 All regulations heretofore adopted by the Director of the Department of Human Resources Development shall remain in effect and shall be fully enforceable…
   • § 305.6 All regulations heretofore adopted by the Director of Benefit Payments pursuant to this code and in effect immediately preceding the operative date of the…
   • § 306 The Director of Employment Development may adopt, amend, or repeal such regulations as are reasonably necessary to enforce his functions under this code.
   • § 307 The department shall provide, upon the request of any person or entity, any or all of the department’s rules, regulations, guidelines, bulletins, manuals,…
   • § 310 The Director of Employment Development or the Department of Employment Development may prescribe the extent, if any, to which any rule, regulation or…
   • § 311 The Director of Employment Development shall appoint such assistants except personnel of the appeals division as he finds necessary for the administration of…
   • § 315 The appeals division within the department includes the appeals board and its clerical staff and assistants and the administrative law judges and their…
   • § 316 (a) For purposes of this section, the following definitions shall apply: (1) “Additional languages” means the top 8 to 15 non-English and nonprimary languages…
   • § 317 The Director of Employment Development shall maintain a field investigating staff, whose function shall embrace investigation throughout the state of…
   • § 318 The Director of Employment Development shall comply with all applicable provisions of the Government Code relating to contracts, budgets and other fiscal…
   • § 320 The Director of Employment Development shall make such reports in such form and containing such information as the Secretary of Labor may from time to time…
   • § 320.3 (a) The director shall periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance…
   • § 320.4 (a) For the purposes of this part, upon appropriation by the Legislature, the department shall do all of the following: (1) (A) Report at least once every six…
   • § 320.5 The director may by authorized regulations prescribe the information required to be reported to the department by employing units under this division and…
   • § 321 The Director of Employment Development shall make available, upon request, to any agency of the United States government charged with the administration of…
   • § 321.5 (a) For purposes of preventing payments on fraudulent claims for unemployment compensation benefits, the Director of Employment Development shall verify, with…
   • § 322 The department may exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of…
   • § 323 The Director of Employment Development may apply for an advance to the Unemployment Fund and accept the responsibility for the repayment of such advance in…
   • § 324 The expense of the administration of this division shall be paid out of the Unemployment Administration Fund, unless otherwise provided for in this division.
   • § 325 (a) The department may study and make recommendations as to action which might tend to: (1) Promote the prevention of unemployment and the stabilization of…
   • § 325.5 The department, in consultation and coordination with veterans’ organizations and veteran service providers, shall do all of the following: (a) Research the…
   • § 325.6 (a) It is the intent of the Legislature that state supported Veterans Employment Training services meet the same performance standards as those required by the…
   • § 326 The department shall investigate and report upon the degree of unemployment hazard in various industries and occupations and their cost to the Unemployment…
   • § 327 The department is authorized to enter into negotiations with the United States Bureau of the Census to expand the current population survey for a sample of up…
   • § 329 (a) The director, or the director’s designee, shall serve as Chairperson of the Joint Enforcement Strike Force on the Underground Economy provided for in…
   • § 331 (a) The director shall post, on the homepage of the department’s internet website, a hyperlink to information about the Federal Unemployment Tax Act tax…
   • § 333 (a) The department shall place a high priority on the automation of the Benefit Payment Control Program, specifically including, but not limited to, automating…
   • § 334 The director shall pursue the following methods to increase the collection of unemployment insurance benefit overpayments: (a) Developing administrative or…
   • § 335 The department, in consultation and coordination with the film and movie industry, the Governor’s Office of Business and Economic Development, and the…
   • § 336 The director shall establish procedures to identify the transfer or acquisition of a business that is undertaken for purposes of obtaining a lower unemployment…
   • § 339 (a) The department shall develop and, upon appropriation by the Legislature, implement a recession plan to prepare for an increase in unemployment insurance…
   • § 339.5 (a) The department shall conduct a feasibility study that examines the idea of extending unemployment insurance benefits to self-employed individuals and…
   • § 340 (a) (1) The department shall provide a plan for assessing the effectiveness of its fraud prevention and detection tools by May 1, 2022, to the Senate Committee…
2. ARTICLE 3. California Unemployment Insurance Appeals Board §§ 401–413 · 15 sections

   • § 401 (a) There is in the department an Appeals Division consisting of the California Unemployment Insurance Appeals Board and its employees. The appeals board…
   • § 402 Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The term of office of each member of…
   • § 403 All personnel of the Appeals Division shall be appointed, directed and controlled only by the appeals board or its authorized deputies or agents to whom it may…
   • § 404 The appeals board, or the executive officer subject to its direction and control to whom it delegates such responsibility, shall appoint and direct the…
   • § 405 The appeals board shall appoint a chief administrative law judge who shall be a member in good standing of the State Bar of California.
   • § 406 The duties of the chief administrative law judge include: (a) Serving as the chief executive of the board in the administration of the activities of…
   • § 407 In any case before it, the appeals board may delegate to any one of its members or to a special examiner or administrative law judge the taking or hearing of…
   • § 408 All decisions and orders of the Appeals Board shall be in writing.
   • § 409 The chairperson shall assign cases before the board to any two members of the board for consideration and decision. Assignments by the chairperson of members…
   • § 409.1 If a final judgment of a court of competent jurisdiction reverses or declares invalid a precedent decision of the appeals board issued under Section 409 or…
   • § 409.2 Any interested person or organization may bring an action for declaratory relief in the superior court in accordance with the provisions of the Code of Civil…
   • § 410 A decision of the appeals board is final, except for such action as may be taken by a judicial tribunal as permitted or required by law. A decision of the…
   • § 411 The appeals board, acting as a whole, may promulgate rules or amend or rescind rules pertaining to hearing appeals and other matters falling within its…
   • § 412 (a) The appeals board acting as a whole may, by notice mailed to the director and the parties prior to the mailing of an administrative law judge’s decision on…
   • § 413 (a) The appeals board acting as a whole may, by notice mailed to the director and the parties not later than 30 days after the mailing of an administrative law…
3. ARTICLE 4. Interstate and Federal Cooperation §§ 451–456 · 8 sections

   • § 451 The administration of this division and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation…
   • § 452 To the extent permissible under the laws and Constitution of the United States, the director may enter into or cooperate in arrangements whereby facilities and…
   • § 453 To encourage cooperation between this state and other states in the enforcement of the unemployment insurance law of each state and to further coordinate the…
   • § 454 The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby: (a) Services…
   • § 455 The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby: (a) Potential…
   • § 455.5 This state shall participate in any arrangements for the payment of compensation on the basis of combining an individual’s wages and employment covered under…
   • § 455.7 Notwithstanding any other provision of this division, benefits shall not be denied or reduced to an individual solely because he files a claim in another…
   • § 456 The director may enter into reciprocal arrangements with authorized agencies of other states or of the Federal Government, or both, whereby employer…